Guns on Trains - California Penal Code § 171.7 California Penal Code § 171.7 specifically addresses the prohibition of certain weapons in public transit facilities. Here are the key details: Prohibited Items : The law makes it illegal to knowingly possess any of the following in a public transit facility owned or controlled by the state or a local government agency (e.g., BART stations, platforms, trains, or bus terminals): Firearms, loaded or unloaded. Firearm replicas or imitation firearms. Stun guns or tasers. Less-lethal weapons (e.g., devices using chemical agents or electrical charges for incapacitation). Scope of “Public Transit Facility” : This includes buildings, platforms, or real property used for public transit, such as BART stations or other transit hubs. It does not explicitly include parking lots or adjacent areas unless they are part of the controlled facility. Exemptions : The law does not apply to: Individuals with a valid Carry Concealed Weapon (CCW) license, allowing concealed carry in accordance with permit terms. Active peace officers or other authorized personnel (e.g., security guards with specific permits). Individuals with firearms unloaded and stored in a locked container for transport, per Penal Code § 25610 (e.g., in a vehicle trunk or locked case, not applicable to carrying on your person in a transit facility). Penalties : A violation of § 171.7 is a misdemeanor, punishable by up to 6 months in county jail and/or a fine of up to $1,000. Relation to Ammunition : The code does not explicitly mention ammunition or magazines. Carrying a detached magazine with bullets in your pocket is not directly prohibited by § 171.7, but it could raise issues if paired with a firearm, as it may be interpreted as intent to violate firearm laws (e.g., Penal Code § 25850 for loaded firearms). Additionally, California’s large-capacity magazine ban (Penal Code § 32310) applies, restricting magazines to 10 rounds or fewer. Application to Carrying a Magazine with Bullets on BART Legality on BART : As noted in prior responses, carrying a magazine with bullets (10 rounds or fewer) in your pocket on BART is generally legal, as it does not violate § 171.7 unless you’re also carrying a prohibited firearm or weapon in a restricted area. However, BART Police may scrutinize such items during a stop or search, especially if you’re carrying a firearm, even if unloaded, due to the prohibition in transit facilities. No “Sterile Areas” on BART : As clarified earlier, BART does not have designated “sterile areas” like airports with mandatory screening. However, § 171.7 effectively treats the entire transit facility (stations, platforms, trains) as a restricted area for firearms unless you have a CCW or exemption. Practical Risks : Carrying a magazine with bullets in your pocket could attract attention from BART Police, particularly in high-security stations (e.g., downtown San Francisco or Oakland stations). To avoid complications, store ammunition in a secure, discreet container and ensure no firearm is present unless you have a valid CCW. Additional Context and Related Laws Penal Code § 25850 : This law prohibits carrying a loaded firearm in public, including transit facilities. A magazine with bullets in your pocket, detached from a firearm, does not constitute a “loaded firearm” under this code, but carrying both could lead to legal issues if not properly separated or if in a restricted area like a BART station. Penal Code § 626.9 (Gun-Free School Zone Act) : If a BART station is within 1,000 feet of a school, carrying ammunition or magazines could be problematic without a CCW, as this law restricts firearms and related items near schools. Local Ordinances : Some Bay Area cities or counties may have additional restrictions on firearms or ammunition in public spaces, including transit areas. Check local laws for stations in specific jurisdictions (e.g., San Francisco, Oakland). Recommendations Compliance : Ensure any magazine holds 10 rounds or fewer to comply with Penal Code § 32310. Avoid carrying a firearm on BART unless you have a valid CCW, as § 171.7 strictly prohibits firearms in transit facilities without exemptions. Discretion : Carry ammunition in a secure container rather than loose in your pocket to minimize attention from law enforcement. Legal Advice : Firearm laws are complex and subject to local enforcement variations. Consult a California firearms attorney for guidance specific to your situation, especially if you carry a CCW or frequently use BART. Check BART Policies : Review BART’s website ( www.bart.gov ) or contact their Customer Service for any specific rules or signage at stations that may impose additional restrictions.
